[WSBARP] Notice of Rent Increase for Commercial Month to Month Lease

[Paul Neumiller]

Roger, what is the legal foundation for requiring a “month’s notice” in a month-to-month commercial lease?  I am unable to find anything in Chapter 59.12 addressing an increase in rent so I would think that the situation would default back to RCW 59.12.30(2) which requires only a 20-day notice to terminate a month-to-month commercial lease.  Surely, if a LL has the right and power to terminate a commercial month-to-month lease on a 20 day notice, the LL has the right and power to increase the rent under the same circumstances?


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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Roger Moss
Sent: Thursday, February 20, 2020 9:54 AM
To: jeff at bellanddavispllc.com; WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Notice of Rent Increase for Commercial Month to Month Lease

Yes, landlord must give a month’s notice. They could also use a significant dose of landlord best practices training.

What you describe is ugly and stupid. I write that as someone who managed vast portfolios of commercial space for 30 years, and now help tenants and landlords “do the relationship.”

If they want this tenant gone so they can re-merchandise the building, they should terminate the agreement. On proper notice. If by any chance they think the tenant adds value to the property and just wants to increase revenue, then they should get help with asset strategic review and leasing strategy.

Roger A. Moss, Esq.
Pacific Conflict Intervention
206.790.1971 Seattle
415.371.9724 San Francisco
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On Feb 20, 2020, at 9:32 AM, Jeff Davis <jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>> wrote:

Listmates:

Client occupies a commercial space under a poorly written month to month lease which is silent as to rent increases.  Old landlord sold building.  New Landlord wants to substantially increase rent starting March 1, 2020 but has not said how much, but that they want to make the adjustment by end of February.  I always thought Landlords had to give at least 30 days’ notice of a rent increase so the Tenant had time to vacate.  There is nothing in RCW 59.12 addressing that point and my quick case research turned up nothing.  Have any of you had experience with this?

Jeff

W. Jeff Davis, Esq.
BELL & DAVIS PLLC
P.O. Box 510
Sequim WA 98382
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